Wednesday, December 28, 2011

PRESS RELEASE
December 28, 2011

We are very disappointed by Judge Chouteau's failure to find in favor of our
community coalition's legal challenge to protect Shollenberger Park, the
Petaluma River and our community's health and economy. Judge Chouteau has
rejected our plea to preserve the gateway to Sonoma County from blight and
protect the people of Petaluma from Dutra's industrial pollution.

Judge Chouteau has dismissed all of our claims, and seems to have adopted
county counsel's and Dutra's attorney's arguments without question.

1) Judge Chouteau has mistakenly written off Shollenberger Park and the
upper Petaluma River as an industrial blighted area that merits no further
protections or care. This is – contrary to its status as the most popular
park in Petaluma and a recognized National Geographic destination.

2) He chose to overlook the increased health risks caused by toxic air
pollution from many thousands of Dutra's diesel trucks, tugs and asphalt
manufacturing. He has rejected the legally required standards for
measuring toxic emissions from the project at its proposed location. He
asserted that CEQA cannot be used to address impacts to workers' health at
the plant.

3) Despite Shamrock Materials sworn unwillingness to allow their dock to
receive Dutra's aggregate deliveries, Judge Chouteau accepted the County's
argument that the project could be approved as "river dependent".

4. He failed to address what would happen after the first three years with
Dutra's truck-only deliveries of aggregate, as permitted by the County, if
no barge delivery through Shamrock's permitted tonnage capacity was agreed
to or feasible. Would Dutra be shut down without river deliveries? Would
they just continue with thousands of truck trips? He refused to tell us how
that should or would work.

5. Judge Chouteau refused to respect the integrity of the county-wide
voters' 1998 approval of Measure D, establishing the Petaluma/Novato
Community Separator. This voter-approved mandate, like Urban Growth
Boundaries for all our cities, protects the entrance to Sonoma County, from
the county line to Petaluma's Urban Service Boundary, from intensified
development along the 101 corridor. The County, and now this judge, have
mistakenly left Dutra's parcels unprotected against industrial development
with an asphalt factory.

The plaintiffs' coalition of non-profits, individuals, and the City of
Petaluma will now consider the next steps, including possibly appealing
Judge Chouteau's ruling. Our attorneys at Lozeau/Drury feel we have many
legal issues that could find merit at a higher court. So far, we believe
that this judge's decision should be overturned.

The community's efforts to save Shollenberger Park, our River, Petaluma's
health and economic vitality are not over yet. Our city, community and
extended family have supported these battles for several years, and will
not give up now.

Your donations to fund the appeal are requested from all of you who love
Shollenberger Park, value clean air, and what makes Petaluma attractive and
strong. We are offended by Dutra's two 62 ft. asphalt storage towers and
thousands of trucks wafting trails of toxic and stinking asphalt smoke as
a landmark marking the Gateway to our fair city and county.

We will never give up fighting to preserve and protect Shollenberger Park.
Thank you!

Saturday, December 24, 2011

HELP SAVE SHOLLENBERGER PARK$1500 MATCHING GRANT PLEDGED TO FRIENDS OF SHOLLENBERGER
Double your donation!
Say NO to Dutra!
A generous (anonymous) community donor has thrown down this challenge:“Donate by Dec. 31st and your donations will be matched dollar for dollar (Up to $1500)
If you love Shollenberger Park and The Petaluma Wetlands and all the critters,
now is the time to give.Funds are necessary to pay our legal expenses:
On Dec. 9, 2011, Judge Chouteau will hear oral arguments in Sonoma Superior Court re: the legal challenge of our community coalition to the Dutra Asphalt Factory.
The judge’s decision will arrive within three weeks – and most likely there will be an appeal – whichever side prevails.
So our fundraising continues to be necessary. We will stay the course, stand firm against degrading Shollenberger Park, and protect the health and quality of life in Petaluma. To preserve Petaluma’s open space – donate today! Go to saveshollenberger.com and click DONATE – it’s fully tax-deductible.To donate by check, mail checks to:
Greg Reisinger, Treasurer FOS, 521 Howard Street, Petaluma, CA 94952Checks can be made out to O.W.L. Foundation, please note on memo line for Friends of Shollenberger
Friends of Shollenberger

Today at Sonoma Superior Court, Judge Rene Chouteau heard oral arguments for
two and one-half hours on the Dutra lawsuit.

Judge Chouteau asked insightful questions to clarify the arguments of both
sides of the suit - the plaintiffs (community non -profits, individuals and
The City of Petaluma) and the defense (The County of Sonoma, Dutra
Materials, and Shamrock Materials.)

Our attorney Richard Drury presented compelling arguments regarding the
alleged California Environmental Quality Act (CEQA) violations, starting
with the failure to provide a clear description of the project for the
public’s review. Dutra’s attorney maintained that the project was 99% the
same as the original project described six years ago and that the piecemeal
description contained in subsequent two revisions and numerous associated
documents was sufficient to meet CEQA’s requirement for a clear description.

Community members filled the seats of courttoom 17 with Mayor Dave Glass,
and Council members Barrett, Healy, and Rene present, as well as former
Mayor Pam Torliatt and former Council member David Keller.

Judge Chouteau has up to 90 days to rule on the legal issues. The session
demonstrated how much is at stake for both sides of this dispute. Kudos go
to our legal team for a clear and concise presentation.

Thursday, December 8, 2011

A generous (anonymous) community donor has thrown down this challenge:“Donate by Dec. 31st and your donations will be matched dollar for dollar (Up to $1500)

If you love Shollenberger Park and The Petaluma Wetlands and all the critters,
now is the time to give.

Funds are necessary to pay our legal expenses:
On Dec. 9, 2011, Judge Chouteau will hear oral arguments in Sonoma Superior Court re: the legal challenge of our community coalition to the Dutra Asphalt Factory.
The judge’s decision will arrive within three weeks – and most likely there will be an appeal – whichever side prevails.

So our fundraising continues to be necessary. We will stay the course, stand firm against degrading Shollenberger Park, and protect the health and quality of life in Petaluma.

To donate by check, mail checks to:
Greg Reisinger, Treasurer FOS, 521 Howard Street, Petaluma, CA 94952Checks can be made out to O.W.L. Foundation, please note on memo line for Friends of Shollenberger

Thursday, December 1, 2011

PRESERVE and PROTECT

SHOLLENBERGER PARK

Your favorite bird lover, grandchild, niece or nephew, daughter or son, teacher or nature lover will appreciate knowing your gift helped save the salt water marsh inhabitants of the Petaluma Wetlands. They'll receive a beautiful color photo (8 x 10) of the animal of your choice, a certificate of adoption, and a BIG THANK YOU from all of the animals who live at Shollenberger Park.

For each animal adopted, YOU WILL RECEIVE:

A beautiful 8 x 10 color photograph of the animal

An official certificate of adoption

A BIG THANK YOU from all of the animals who live at Shollenberger Park!

Order by Dec. 20, 2011 for local Christmas Delivery

$20

River Otter

$20

Western Pond Turtle

$20

Red-shouldered Hawk

$20

Red-tailed Hawk

$20

White-tailed Kite

$20

Barn Owl

$20

American White Pelican

$20

Great Egret

$20

Great Blue Heron

$20

Ruddy Duck

$20

Cinnamon Teal pair

$20

American Kestrel (a falcon)

Also Available: 50 Birds of ShollenbergerOur full color hard-covered book ( 8" x 8") of
photos taken by Senior Docent Bob Dyer at Shollenberger Park and the
Petaluma Wetlands. A great gift for all ages, makes it easier to identify
the wildlife you meet when walking the paths at Shollenberger. Signed by the
artist. $40 + $4 Shipping

Upcoming Events

Mission Statement

We are a group of ordinary citizens who enjoy open space, clean air, and community well being. We have joined together to preserve and protect Shollenberger Park and the Petaluma Wetlands for all of our families and for future generations.

We provide information and a forum for citizens to learn about our local environmental issues and work towards protecting our park. As a “Special Project” of the O.W.L. Foundation, (http://owlfoundation.net/OWL.htm), we are a non-profit organization and donations to support our activities are tax-deductible.